Bryan Mobley v. Miami Valley Hospital

603 F. App'x 405
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 25, 2015
Docket14-3665
StatusUnpublished
Cited by16 cases

This text of 603 F. App'x 405 (Bryan Mobley v. Miami Valley Hospital) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bryan Mobley v. Miami Valley Hospital, 603 F. App'x 405 (6th Cir. 2015).

Opinion

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

For several years, Bryan Mobley worked successfully as a housekeeper at Miami Valley Hospital (“MVH”) cleaning operating rooms, despite significant cognitive and physical impairments. MVH transferred him to a different housekeeping role removing trash from patient rooms on several floors of the hospital. Mobley floundered in this new role and was eventually fired. He now appeals the grant of summary judgment on his claims against MVH under the Americans with Disabilities Act (“ADA”). While we affirm the district court’s conclusion that the transfer itself was not discriminatory, we reverse and remand for further proceedings on his failure-to-accommodate and interactive process claims.

I.

Bryan Mobley has a number of serious physical conditions. In the words of his primary care physician, Dr. Paul Martin, he “suffered a cerebral abscess with left parietal injury” years before the events giving rise to this case. He has also endured “a stroke and two brain surgeries[,]” as well as “a number of automobile accidents.” As things currently stand, he lives with “a seizure disorder, hypertension, and migraine cephalgia, as well as a liver condition that causes him to have elevated ammonia levels[.]”

Perhaps as a result of these misfortunes, Mobley exhibits several behavioral difficulties. According to his wife (a registered nurse), he lacks the comprehension abilities of an adult and has very limited abilities to read, write, do basic arithmetic, or use technology. While he “is more confident and comfortable doing repetitive and simple tasks[,]” he has difficulty “comprehending] new or complicated rules.” His working memory is significantly impaired, and he can become confused easily. He also has a speech impediment, manifested in a halting, repetitive conversational style, and often finds it difficult to articulate his thoughts. Needless to say, these difficulties affect his ability to engage and interact with others. And, but for prescription medication, he would sometimes “stay awake for days at a time.”

Despite these maladies, Mobley has not remained out of the workforce. The Environmental Services department of MVH hired him as a housekeeper in 2006. His job, like those of the other housekeepers in the Environmental Services department, had the formal title of “Environmental Technician.” The job description for an Environmental Technician encompassed a variety of cleaning tasks for which the department had responsibility, and the de *407 partment managers had discretion to rotate employees among these tasks. But as a practical matter, from 2008 to early 2012 Mobley’s primary (and perhaps only) responsibility was to clean approximately six surgical suites, a role we will term the “surgery position.” His supervisor during this period, Joseph Zippilli, completed periodic reviews of Mobley’s performance, finding in each that Mobley met or exceeded departmental expectations in all categories of evaluation. Zippilli continued to give Mobley positive reviews in October 2011, even though he had recently met with Mobley to discuss reports of arguments between Mobley and surgical staff.

Things changed for Mobley when MVH decided to reassign him to “patient trash” duty in early February of 2012. In this role, Mobley had responsibility for removing and replacing trash bags from patient rooms and other areas on two floors of the hospital. A time study, conducted by MVH and based on national standards, found that a typical employee would have ample time to complete these duties in a typical work day, and other MVH employees assigned to this position had no problems doing so. But Mobley struggled in this new role, usually managing to service only a quarter of the rooms to which he was assigned in any one day.

When Zippilli and other MVH managers met with Mobley to discuss his problems with the job, he conveyed his belief that it was “too much” work for him to handle. Mobley continued to struggle in the new position, and by mid-February he submitted a note from Dr. Martin recommending, “in [his] medical opinion,” that Mobley be returned to “his prior job responsibilities.” MVH responded by placing Mobley on a “developmental plan” outlining his duties in the position, but also warning that he would be subject to discipline if he failed to improve. At another meeting with management a few days later, Mobley asked to be return to his duties in the surgery position and submitted a letter to that effect. The day after this meeting Mob-ley’s wife contacted MVH on her own to ask management to adapt his schedule to his various ailments and “life time condition!.]” And on the next to last day of February Mobley brought another note, this time from his neurologist, Dr. Vander-sluis, concurring in Dr. Martin’s opinion and recommendation for reassignment. After receiving this note MVH revised its developmental plan to remove some (but by no means most) of the rooms for which Mobley’s trash collection duties. Mobley still failed to complete his new duties, however, and MVH issued a “corrective action” threatening his future employment. In its final attempt to resolve the problem, MVH assigned another housekeeper,- Kenny Emmons, to demonstrate Mobley’s duties and observe his work. This arrangement lasted only a few days and did not improve Mobley’s performance. On March 6, 2012, Mobley submitted an internal grievance form once again asking that he be returned to the surgery position. But instead of meeting this request, MVH terminated Mobley’s employment for poor performance on March 8, 2012.

Mobley filed suit in Ohio state court, alleging violations of the ADA and corresponding Ohio statutes. The complaint described discrimination through the reassignment to the patient trash position, a failure to accommodate his disability, and a failure to engage in an interactive process to reach a reasonable accommodation. Mobley would later try to explain the basis of the suit in his own words as follows:

Q: Okay. And can you tell me why you filed that claim?
A: Well, and basically my medical condition, that up and best — wait a minute — I’ll get it out. That — that I filed *408 that claim and up and turn around up and knowing — that—that up and basic— that the supervisors knew, you know, my medical condition. And — I hope I’m answering it right. And I guess I don’t know how to answer this. You know, can I just — well—wait a minute — wait a minute — can you — can you answer it another way?

MVH removed the suit to federal court and moved for summary judgment. After Mobley responded, the district court granted summary judgment on all claims. The court found genuine disputes of fact that Mobley was disabled but dismissed the last two claims because “Mobley points to nothing explaining how a return to cleaning surgery suit[es would] accommodate! ] any limitations arising from his impairments.” The court also held that the transfer to the patient trash position could not itself be discriminatory because it was not an adverse employment action. Mob-ley timely appealed.

II.

We review de novo a grant of summary judgment. Newman v. Twp. of Hamburg, 773 F.3d 769, 771 (6th Cir.2014). We grant Mobley all favorable inferences that we can reasonably draw from the record. Matsushita Elec. Indus. Co. v. Zenith Radio Corp.,

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603 F. App'x 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bryan-mobley-v-miami-valley-hospital-ca6-2015.